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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 2 Feb 2009 19:35:54 -0500
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Ahhh, David Yerushalmi, hmmm, I've heard of this guy before, he's a
well, kind of a cook.

If I remember correctly.

Ginny



On 2/2/09, SUNTOU TOURAY <[log in to unmask]> wrote:
>
> 1
> IN THE UNITED STATES DISTRICT COURT
> FOR THE EASTERN DISTRICT OF MICHIGAN
> KEVIN J. MURRAY,
> Plaintiff,
> v.
> HENRY M. PAULSON, JR., in his
> official capacity as Secretary, U.S.
> Department of Treasury; BOARD OF
> GOVERNORS OF THE FEDERAL
> RESERVE SYSTEM,
> Defendants.
> Case No.
> COMPLAINT
> [FIRST AMENDMENT TO THE
> UNITED STATES CONSTITUTION]
> THOMAS MORE LAW CENTER
> Robert J. Muise, Esq. (P62849)
> Brandon Bolling, Esq. (P60195)
> 24 Frank Lloyd Wright Drive
> P.O. Box 393
> Ann Arbor, MI 48106
> [log in to unmask]
> (734) 827-2001
> LAW OFFICES OF DAVID YERUSHALMI
> David Yerushalmi, Esq.* (Ariz. Bar No. 009616; DC Bar No. 978179;
> Cal. Bar No. 132011; NY Bar No. 756206)
> P.O. Box 6358
> Chandler, AZ 85246
> [log in to unmask]
> (646) 262-0500
> Fax: (801) 760-3901
> *Application for admission to this court pending
> Counsel for Plaintiff
> ______________________________________________________________________________
> Plaintiff Kevin J. Murray ("Plaintiff"), by and through his undersigned
> counsel, brings
> this Complaint against the above-named Defendants, their employees, agents,
> and successors in
> office, and in support thereof alleges the following upon information and
> belief:
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 1 of 18
> 2
> INTRODUCTION
> 1. This civil rights action challenges that portion of the "Emergency
> Economic Stabilization
> Act of 2008" (or "Act") (12 U.S.C. § 5201 et seq.) enacted by the United
> States Congress
> pursuant to Congress' taxing and spending power that appropriated $40
> billion in taxpayer
> money to fund and financially support the United States government's
> majority ownership
> interest in American International Group, Inc. ("AIG"), which engages in
> Shariah-based Islamic
> religious activities that are anti-Christian, anti-Jewish, and
> anti-American. The use of these
> taxpayer funds to approve, promote, endorse, support, and fund these
> Shariah-based Islamic
> religious activities violates the Establishment Clause of the First
> Amendment to the United
> States Constitution.
> 2. This action also challenges the United States government's broad policy
> and practice of
> approving, endorsing, promoting, funding, and supporting Shariah-compliant
> financial products
> and business plans, such as Takaful Insurance. This governmental policy and
> practice conveys a
> message of endorsement and promotion of Shariah-based Islam and its
> religious beliefs and an
> accompanying message of disfavor of and hostility toward Christianity and
> Judaism and their
> religious beliefs in violation of the Establishment Clause.
> 3. As our history reveals, this Nation was founded upon values that
> acknowledge the
> importance of religion, respect for the right of conscience, and respect for
> the free exercise of
> religion. These values, which are Christian values, are enshrined in the
> religion clauses of the
> First Amendment.
> 4. The Shariah-based Islamic religious practices and activities that the
> government-owned
> AIG engages in—activities that are funded and financially supported by
> American taxpayers,
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 2 of 18
> 3
> including Plaintiff, who is forced to contribute to them—are antithetical to
> our Nation's values,
> customs, and traditions with regard to religious liberty, religious
> tolerance, and the proscriptions
> of the First Amendment. These government-funded activities not only convey a
> message of
> disfavor of and hostility toward Christians, Jews, and those who do not
> follow or abide by
> Islamic law based on the Quran or the teachings of the Prophet Mohammed, but
> they also
> embody actual commercial practices which are pervasively sectarian and which
> disfavor
> Christians, Jews, and other "infidels," including Americans.
> 5. The Act and the policies, practices, and actions of Defendants with
> regard to Shariahcompliant
> finance as set forth in this Complaint send a message to those who are
> non-adherents
> to Shariah-based Islam that they are outsiders, not full members of the
> political community, and
> an accompanying message to those who are adherents to Shariah-based Islam
> that they are
> insiders, favored members of the political community.
> 6. This case seeks to protect fundamental constitutional rights and uphold
> the values
> expressed in the religion clauses of the First Amendment. It is brought
> under the Establishment
> Clause, challenging the disbursement of public funds to (and the concomitant
> federal
> government's ownership of) AIG made in the exercise of Congress' taxing and
> spending power.
> It is also a constitutional challenge to the United States government's
> policy and practice of
> approving, endorsing, promoting, funding, and supporting Shariah-compliant
> finance, which
> itself conveys a message of endorsement and promotion of Shariah-based Islam
> and its religious
> beliefs.
> 7. Plaintiff seeks a declaration that Defendants violated his clearly
> established constitutional
> rights as set forth in this Complaint; a declaration that Congress'
> disbursement of public funds to
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 3 of 18
> 4
> AIG violated the Establishment Clause; a declaration that Defendants' policy
> and practice of
> approving, endorsing, promoting, funding, and supporting Shariah-compliant
> finance violates the
> Establishment Clause; a declaration that the United States government's
> ownership interest in
> and use of taxpayer money to financially support AIG and its Takaful
> Insurance business, which
> is pervasively sectarian, violate the Establishment Clause; and a permanent
> injunction enjoining
> the impermissible disbursement of public funds to AIG, enjoining the United
> States
> government's ownership interest in AIG's pervasively sectarian businesses,
> and enjoining
> Defendants' policy and practice of approving, endorsing, promoting, funding,
> and supporting
> Shariah-compliant finance. Plaintiff also seeks an award of attorney fees
> and costs pursuant to
> 28 U.S.C. § 2412 (the Equal Access to Justice Act), and other applicable
> laws.
> JURISDICTION AND VENUE
> 8. This action arises under the First Amendment to the United States
> Constitution.
> Jurisdiction is conferred on this Court pursuant to 28 U.S.C. § 1331.
> 9. Plaintiff's claims for declaratory and injunctive relief are authorized
> by 28 U.S.C. §§
> 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure,
> and by the general
> legal and equitable powers of this Court.
> 10. Venue is proper under 28 U.S.C. § 1391(e) because this is the judicial
> district in which
> Plaintiff resides.
> PLAINTIFF
> 11. Plaintiff Kevin J. Murray is a United States citizen, a resident of
> Washtenaw County,
> Michigan, a federal taxpayer, and a devout Catholic. Plaintiff is also a
> former U.S. Marine who
> served honorably in harm's way to defend our country against Islamic
> terrorists.
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 4 of 18
> 5
> 12. On September 11, 2001, Islamic terrorists, guided by fundamental
> principles of Shariahmandated
> jihad against "infidels," attacked U.S. soil and killed thousands of
> innocent American
> civilians. Shortly thereafter, the United States went on the offensive by
> engaging Islamic
> terrorists overseas in Iraq and in Afghanistan. As in the past when our
> Nation faced a foreign
> threat to its national security, American service men and women were called
> to action. Plaintiff
> Murray answered the call.
> 13. From March 2003 to October 2003, Plaintiff was deployed overseas in
> support of
> Operation Enduring Freedom and Operation Iraqi Freedom. During this time,
> Plaintiff served as
> a Marine infantryman and was tasked with providing security for vital
> refueling and arming
> points throughout the initial combat phase of the war. These duties
> consisted of countless and
> stressful hours devoted to convoy security, manning perimeter defensive
> positions, and
> conducting combat patrols in hostile enemy territory in numerous locations
> throughout southern
> Iraq.
> 14. Later in his deployment, Plaintiff was tasked with providing
> anti-terrorism defenses for
> Camp Commando, Kuwait—the hub of Marine Corps operations throughout the
> Iraqi theater.
> 15. As a Christian, a federal taxpayer, and a former U.S. Marine veteran of
> the war against
> Islamic terrorism, Plaintiff objects to and is harmed by the appropriation
> and disbursement of
> public funds to AIG and being forced as a taxpayer to contribute to the
> propagation of Islamic
> beliefs and practices predicated upon Shariah law, which is hostile to his
> religious beliefs and
> practices and which forms the basis for the global jihadist war against the
> West and the United
> States in particular. Plaintiff also objects to and is harmed by the United
> States government's
> policy and practice of approving, endorsing, promoting, funding, and
> supporting Shariah-
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 5 of 18
> 6
> compliant finance as set forth in this Complaint. The government's
> endorsement of Islamic law
> sends a message to Plaintiff, who is a non-adherent to Islam, that he is an
> outsider, not a full
> member of the political community, and an accompanying message to those who
> are adherents to
> Islam that they are insiders, favored members of the political community.
> DEFENDANTS
> 16. Defendant Henry M. Paulson, Jr. is the Secretary of the United States
> Department of
> Treasury. At all times relevant herein, Defendant Paulson was charged by
> Congress with
> administering the Act, including the "Troubled Assets Relief Program" (12
> U.S.C. § 5211).
> Defendant Paulson is also responsible for creating, adopting, and
> implementing the United States
> government's policy and practice of approving, endorsing, promoting,
> funding, and supporting
> Shariah-compliant finance. Defendant Paulson is sued in his official
> capacity.
> 17. Defendant Board of Governors of the Federal Reserve System (the "Fed")
> is an agency of
> the United States government. At all times relevant herein, the Fed was
> acting as an instrument
> of the United States government. The Fed is also responsible for adopting
> and implementing the
> United States government's policy and practice of approving, endorsing,
> promoting, funding,
> and supporting Shariah-compliant finance.
> 18. The Fed was created by and derives its authority from Congress.
> According to the Fed, it
> is charged with, inter alia, "maintaining the stability of the financial
> system and containing
> systemic risk that may arise in financial markets." Pursuant to its
> congressional authority, in
> September 2008 the Fed expended federal taxpayer funds to acquire a majority
> (79.9%)
> ownership interest in AIG on behalf of the United States government, thereby
> creating a
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 6 of 18
> 7
> sufficiently close nexus between the federal government and AIG so that the
> actions of AIG may
> be fairly treated as those of the federal government itself.
> 19. By acquiring a majority ownership interest in AIG, maintaining a vested
> interest in the
> success of AIG, and standing to profit from that success, the United States
> government now
> exercises such coercive power or provides such significant encouragement,
> overtly and covertly,
> that in law the choices of AIG are deemed to be those of the federal
> government.
> STATEMENT OF FACTS
> 20. Pursuant to its authority under the taxing and spending clause of
> Article I, section 8 of the
> United States Constitution, Congress passed the "Emergency Economic
> Stabilization Act of
> 2008" (12 U.S.C. § 5201 et seq.), which is an express congressional mandate
> and a specific
> congressional appropriation to expend taxpayer funds. The Act took effect on
> October 3, 2008.
> 21. The Act authorizes Defendant Paulson to establish the Troubled Asset
> Relief Program (or
> "TARP") (12 U.S.C. § 5211) "to purchase, and to make fund commitments to
> purchase, troubled
> assets from any financial institution." As defined by the Act (12 U.S.C. §
> 5202), the term
> "financial institution" means, inter alia, "any institution, including, but
> not limited to, any bank,
> savings association, credit union, security broker or dealer or insurance
> company, established
> and regulated under the laws of the United States . . . and having
> significant operations in the
> United States." According to the Act, the term "troubled assets" means,
> inter alia, "any other
> financial instrument that [Defendant Paulson], after consultation with the
> Chairman of the Board
> of Governors of the Federal Reserve System [the Fed], determines the
> purchase of which is
> necessary to promote financial market stability, but only upon transmittal
> of such determination,
> in writing, to the appropriate committees of Congress."
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 7 of 18
> 8
> 22. Pursuant to the Act, Congress authorized and directed Defendant Paulson
> to expend $40
> billion in taxpayer funds to purchase preferred stock in AIG, which further
> supports and funds
> the United States government's earlier acquisition of a 79.9% ownership
> position in AIG.
> 23. The Act seeks to "maximize[] overall returns to the taxpayers of the
> United States." (12
> U.S.C. § 5201). Consequently, as an owner of AIG, the United States
> government has a vested
> interest in ensuring the success of AIG and stands to profit by that
> success, thus creating an
> excessive government entanglement with the activities of AIG.
> 24. By financially supporting and funding its ownership interest in AIG with
> $40 billion in
> taxpayer money, maintaining a vested interest in the success of AIG, and
> standing to profit from
> that success, Defendant Paulson and the United States government have
> insinuated themselves
> into a position of interdependence with AIG so that they are in effect joint
> participants in the
> challenged activities of AIG. Consequently, as a result of the Act and in
> conjunction with the
> federal government's prior ownership interest, Defendant Paulson and the
> United States
> government have created a symbiotic relationship with AIG such that AIG's
> activities can be
> fairly attributed to the federal government.
> 25. The Act provides no mechanism by which Defendant Paulson, the Fed, or
> any other
> officer or agency of the federal government could police the expenditure of
> taxpayer funds to
> ensure that they are not being used for an impermissible purpose, such as
> funding Islamic beliefs
> and practices as set forth in this Complaint.
> 26. AIG employs consolidated financing; all of its funds are fungible and
> they flow through a
> single port. Therefore, all funds going to AIG, including those public funds
> appropriated by
> Congress pursuant to the Act, are used to financially support all of AIG's
> activities, including its
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 8 of 18
> 9
> Islamic religious activities. Consequently, taxpayer money is being used to
> directly fund and
> financially support Islamic religious activities.
> 27. AIG engages in Shariah-compliant financing, which subjects certain
> financial activities,
> including investments, to the dictates of Islamic law and the Islamic
> religion. This specifically
> includes any profits or interest obtained through such financial activities.
> 28. An example of Shariah-compliant financing offered by AIG is Takaful
> Insurance plans.
> According to AIG, Takaful Insurance is "[i]nsurance that avoids prohibited
> elements in
> accordance with the Sharia law." According to AIG, its Takaful products are
> Islamic because,
> inter alia, AIG "do[es] not invest in anything that is haram" and it "do[es]
> not borrow, lend or
> enter into any financial transaction that is unIslamic." According to AIG,
> "haram" is
> "[p]rohibited elements in Islam according to Sharia."
> 29. The Takaful Insurance business of AIG is pervasively sectarian. Its
> secular purposes and
> its Shariah-based Islamic religious mission are inextricably intertwined.
> Consequently, federal
> aid in the form of taxpayer funds is flowing directly to a pervasively
> sectarian entity.
> 30. According to AIG, it is "expanding its scope and vision to global
> proportions providing a
> range of Takaful products, including property & casualty, energy, accident &
> health, financial
> lines, motor, [and] personal contents just to name a few. The phenomenal
> growth of the Takaful
> market is something that [AIG] as a market leader recognize[s]." AIG's
> Shariah-compliant
> financing "benefit[s] from AIG's disciplined global underwriting and
> standards and 89 years of
> experience in delivering innovative insurance solutions to the international
> community through a
> network that currently spans more than 130 countries and jurisdictions,
> reaching 74 million
> customers." AIG has a "global expansion strategy" for its Shariah-compliant
> financing.
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 9 of 18
> 10
> 31. According to a December 2008 AIG news release, AIG has introduced "a
> series of
> Shari'ah-compliant (Takaful) product offerings in the U.S." These "newly
> announced Takaful
> products are compliant with key Islamic finance tenets."
> 32. In the December 2008 news release, AIG states, "The introduction of
> Takaful products in
> the U.S. represents an important and emerging growth opportunity for AIG
> Commercial
> Insurance." Citing Ernst & Young's 2008 World Takaful Report in the news
> release, AIG
> claims that "Takaful was estimated to be a $5.7 billion market globally with
> over 130 providers
> in 2006. The Takaful market is estimated to be in excess of $10 billion by
> 2010."
> 33. Consequently, AIG's Shariah-compliant financing is benefitting directly
> from federal
> taxpayer funds.
> 34. Shariah, while often referred to as Islamic law, is considered by
> Islamic religious
> authorities to be the divine law of Allah which is articulated directly to
> man through the Quran
> and indirectly through the canonical stories of Mohammed's life as told
> through the aHadith
> (plural of Hadith). AIG describes "Sharia" as "Islamic law based on Quran
> and the teachings of
> the Prophet (PBUH)." The "teachings of the Prophet" are a reference to the
> canonized aHadith.
> 35. The Quran is considered by Islam to be the perfect expression of Allah's
> will for man.
> Every word is considered perfect and unalterable except and unless altered
> by some subsequent
> word of Allah. The aHadith—stories of Mohammed's life and behavior—are also
> considered
> binding authority of how a Muslim must live.
> 36. Islam holds that Allah is the sole true sovereign. He revealed to
> Mohammed all matters
> of life, politics, and religious law. Consequently, the religion of Islam is
> not merely one segment
> of life; it regulates life completely, from the social and the political to
> the diplomatic, economic,
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 10 of 18
> 11
> and military. This combination of religion and politics as one is the
> foundation of Islam, an
> inseparable political/religious doctrine of Islamic governments, and the
> basis of Muslim
> loyalties. In this respect, the theo-political doctrine of Islam is contrary
> to the dictates of the
> First Amendment's religion clauses.
> 37. As explained by two international authorities of Shariah-compliant
> finance, Mervyn K.
> Lewis, a professor of finance in Australia, and Latifa M. Algaoud, a senior
> official in the Bahrain
> Ministry of Finance, in their collaborative work, Islamic Banking:
> Since Islamic law reflects the will of [Allah] rather than the will of a
> human
> lawmaker, it covers all areas of life and not simply those which are of
> interest to a
> secular state or society. It is not limited to questions of belief and
> religious
> practice, but also deals with criminal and constitution [sic] matters, as
> well as
> many other fields which in other societies would be regarded as the concern
> of the
> secular authorities. In an Islamic context there is no such thing as a
> separate
> secular authority and secular law, since religion and state are one.
> Essentially, the
> Islamic state as conceived by orthodox Muslims is a religious entity
> established
> under divine law.
> 38. In Shariah-based Islam's view, the world and mankind are divided into
> two irreconcilable
> groups: Dar Al Islam, the house of Islam, which is made up of adherents to
> Islam and where
> Islamic law rules; and Dar Al Harb, the house of war, which is made up of
> nonadherents and
> where "infidels" (known as kuffars, or nonbelievers) live. Included among
> the "infidels" are
> Christians and Jews.
> 39. According to Shariah-based Islamic teaching, all people will one day
> accept Islam or
> submit to its rule. The Quran commands, "Fight them until all opposition
> ends and all submit to
> Allah." (Quran 8:39).
> 40. Jihad is another component of the theo-political doctrine of Shariah. It
> is considered a
> communal religious duty for all Muslims throughout the world. The Quran
> informs its followers
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 11 of 18
> 12
> that there is always a holy war being waged, and instructs them to
> participate. For example, the
> Quran sura 9:29 commands adherents of Islam to "fight against those who do
> not believe in God
> or the judgment day, who permit what God and his messenger have forbidden,
> and who refuse
> allegiance to the true faith." This Quranic verse is codified as normative
> law among all extant
> schools of Islamic jurisprudence.
> 41. The objective of jihad is not only to convert people to Islam, but also
> to gain political
> control and exercise Islamic authority over a population so that society
> lives and abides by the
> principles of Islam—that is, so that society ultimately becomes Shariah
> compliant.
> 42. Compliance with Shariah with regard to war, politics, or financial
> matters is achieved by
> having a Shariah authority issue a fatwa or legal ruling which mandates a
> certain behavior or in
> the case of Shariah-compliant finance, approves the particular investment or
> type of financial
> transaction.
> 43. The role of the Shariah authorities is central to all Shariah adherents.
> As explained by
> Professors Frank Vogel and Samuel Hayes, two of the leading experts and
> proponents of
> Shariah-compliant finance:
> Islamic legal rules encompass both ethics and law, this world and the next,
> church
> and state. The law does not separate rules enforced by individual conscience
> from
> rules enforced by a judge or by the state. Since scholars alone are capable
> of
> knowing the law directly from revelation, laypeople are expected to seek an
> opinion (fatwa) from a qualified scholar on any point in doubt; if they
> follow that
> opinion sincerely, they are blameless even if the opinion is in error.
> 44. With the aid of public funds provided by the Act, AIG employs a "Shariah
> Supervisory
> Committee," which is comprised of the following members: Sheikh Nizam Yaquby
> from
> Bahrain, Dr. Mohammed Ali Elgari from Saudi Arabia, and Dr. Muhammed Imran
> Ashraf
> Usmani from Pakistan. Dr. Usmani is the son, student, and dedicated disciple
> of Mufti Taqi
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 12 of 18
> 13
> Usmani, who is the leading Shariah authority for Shariah-compliant finance
> in the world and the
> author of a book translated into English in 1999 that includes an entire
> chapter dedicated to
> explaining why a Western Muslim must engage in violent jihad against his own
> country or
> government.
> 45. According to AIG, the role of its Shariah authority "is to review our
> operations, supervise
> its development of Islamic products, and determine Shariah compliance of
> these products and
> our investments."
> 46. Shariah compliance in financing is achieved by the avoidance of
> interest, risk (typically
> understood as uncertainty or speculation), and certain types of prohibited
> industries (relating to
> activities considered haram or "forbidden," such as the pork and
> alcohol-beverage industries,
> pornography, gambling, interest-based financing, and industries supporting
> the United States
> military). According to AIG, its Shariah-compliant subsidiary does not enter
> into any financial
> transaction that is "unIslamic."
> 47. Shariah compliance also includes a focus on "purification," which has
> two separate
> elements. One element of this "purification" is a form of obligatory
> charitable contribution
> called zakat, which is considered a spiritual purification. Zakah (sometimes
> referred to as zakat),
> which literally means purification, is a form of religious tax for
> assisting, inter alia, those that
> "struggle [jihad] for Allah." The amount is between 2.5% and 20%, depending
> upon the source
> of the wealth.
> 48. The zakat religious tax is used to financially support Islamic
> "charities," some of which
> have ties to terrorist organizations that are hostile to the United States
> and all other "infidels,"
> which includes Christians and Jews. The Holy Land Foundation for Relief and
> Development,
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 13 of 18
> 14
> recently convicted for providing material support to Islamic terrorist
> organizations, is an example
> of an Islamic "charity" that qualifies for receipt of the zakat. A Catholic
> charity, however, is not
> qualified to receive this religious tax because Catholicism is considered
> kufr or idol worship,
> which is a far more serious "crime" under Islamic law than even pornography.
> 49. As a direct consequence of the taxpayer funds appropriated and expended
> by the Act to
> purchase and financially support AIG, the United States government is now
> the owner of a
> corporation engaged in the business of collecting religious taxes to fund
> interests adverse to the
> United States, Christians, Jews, and all other "infidels" under Islamic law.
> 50. The other "purification" element is the purification of a
> Shariah-compliant investment or
> financial transaction that has been tainted with forbidden revenue, whether
> from interest, illicit
> speculation, or a forbidden commercial enterprise, such as the pork industry
> or an industry that
> supports the United States military. In this latter meaning of
> "purification," the forbidden funds
> must be disgorged by donating the money to an acceptable Islamic "charity,"
> but this charitable
> donation will not count toward a Muslim investor's zakat requirement.
> Acceptable Islamic
> "charities" necessarily exclude any Christian or Jewish charity.
> 51. Shariah compliance requires strict adherence to Islamic law; it is not
> "moderate" in its
> application of the dictates of Islam as set forth in the Quran and the
> Hadith.
> 52. In addition to the government funding and owning of AIG through the
> appropriation and
> expenditure of taxpayer funds, Defendant Paulson has adopted on behalf of
> the United States
> government a broad policy and practice of approving, endorsing, promoting,
> funding, and
> supporting Shariah-compliant finance. This policy and practice has been
> adopted by the Fed,
> and it was implemented through the federal government's ownership of AIG.
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 14 of 18
> 15
> 53. In November 2008, Defendant Paulson sponsored a "forum" for the staffs
> from U.S.
> banking regulatory agencies, Congress, the Department of the Treasury, and
> other parts of the
> Executive Branch. This governmental forum was conducted in association with
> the Islamic
> Finance Project from Harvard Law School and was directed toward government
> policy makers.
> The forum, entitled "Islamic Finance 101," was a government approval,
> endorsement, and
> promotion of Shariah-compliant financing and thus a government endorsement
> of the Islamic
> religion and its beliefs.
> 54. This policy and practice of approving, endorsing, promoting, funding,
> and supporting
> Shariah-compliant finance is applicable throughout the United States
> government and its
> agencies.
> CLAIM FOR RELIEF
> (First Amendment—Establishment Clause)
> 55. Plaintiff hereby incorporates by reference all above-stated paragraphs.
> 56. By reason of the aforementioned Act, which was enacted by the United
> States Congress
> pursuant to Congress' taxing and spending power, Congress appropriated
> taxpayer money and
> authorized Defendant Paulson to expend $40 billion of this money to directly
> fund and
> financially support the government's majority ownership interest in AIG and
> to directly fund and
> financially support Islamic religious activities. As a direct consequence of
> the Act, Defendant
> Paulson has authorized the use of taxpayer money to fund Islamic religious
> activities that are
> anti-Christian, anti-Jewish, and anti-American. The use of these taxpayer
> funds to approve,
> promote, endorse, support, and fund Islamic religious activities and
> practices that are hostile to
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 15 of 18
> 16
> Christians, Jews, and other "infidels" violates the Establishment Clause of
> the First Amendment
> to the United States Constitution.
> 57. Defendants' policy and practice of approving, endorsing, promoting,
> funding, and
> supporting Shariah-compliant finance as set forth in this Complaint violates
> the Establishment
> Clause.
> 58. The United States government's ownership interest in AIG, which includes
> AIG's
> Takaful Insurance, a pervasively sectarian business, violates the
> Establishment Clause.
> 59. The use of taxpayer money to directly fund and financially support AIG's
> Takaful
> Insurance, a pervasively sectarian business, violates the Establishment
> Clause.
> 60. The appropriation and expenditure of taxpayer funds to AIG pursuant to
> the Act and the
> policies and practices of Defendants with regard to Shariah-compliant
> finance as set forth in this
> Complaint send a message to Plaintiff, who is a non-adherent to Islam, that
> he is an outsider, not
> a full member of the political community, and an accompanying message to
> those who are
> adherents to Islam that they are insiders, favored members of the political
> community in
> violation of the Establishment Clause.
> 61. The appropriation and expenditure of taxpayer funds to AIG pursuant to
> the Act and the
> policies and practices of Defendants with regard to Shariah-compliant
> finance as set forth in this
> Complaint lack a valid secular purpose, have as their primary effect the
> advancement of the
> Islamic religion, and require excessive entanglement between the federal
> government and the
> Islamic religion in violation of the Establishment Clause.
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 16 of 18
> 17
> 62. As a direct and proximate result of Defendants' violation of the
> Establishment Clause of
> the First Amendment, Plaintiff has suffered irreparable harm, including the
> loss of his
> constitutional rights, entitling him to declaratory and injunctive relief.
> PRAYER FOR RELIEF
> WHEREFORE, Plaintiff asks this Court:
> A) to declare that Defendants violated the Establishment Clause of the First
> Amendment to the United States Constitution as set forth in this Complaint;
> B) to declare that Congress' disbursement of public funds to AIG pursuant to
> the Act
> violated the Establishment Clause of the First Amendment to the United
> States Constitution as
> set forth in this Complaint;
> C) to declare that Defendants' policy and practice of approving, endorsing,
> promoting, funding, and supporting Shariah-compliant finance violates the
> Establishment Clause
> of the First Amendment to the United States Constitution as set forth in
> this Complaint;
> D) to declare that the United States government's majority ownership
> interest in AIG
> violates the Establishment Clause of the First Amendment to the United
> States Constitution as
> set forth in this Complaint;
> E) to permanently enjoin the improper disbursement of public funds to AIG as
> set
> forth in this Complaint;
> F) to permanently enjoin Defendants' policy and practice of approving,
> endorsing,
> promoting, funding, and supporting Shariah-compliant finance as set forth in
> this Complaint;
> G) to permanently enjoin the United States government's improper ownership
> interest in AIG as set forth in this Complaint;
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 17 of 18
> 18
> H) to award Plaintiff his reasonable attorney fees, costs, and expenses
> pursuant to 28
> U.S.C. § 2412 (the Equal Access to Justice Act), and other applicable law;
> I) to grant such other and further relief as this Court should find just and
> proper.
> Respectfully submitted,
> THOMAS MORE LAW CENTER
> /s/ Robert J. Muise
> Robert J. Muise, Esq. (P62849)
> LAW OFFICES OF DAVID YERUSHALMI
> David Yerushalmi, Esq.* (Ariz. Bar No. 009616; DC Bar No.
> 978179; Cal. Bar No. 132011; NY Bar No. 756206)
> *Application for admission to this court pending
> Case 2:08-cv-15147-LPZ-MKM Document 1 Filed 12/15/2008 Page 18 of 18
>
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